Narendra Kumar Dewangan Vs Rajendra Kumar Yadav — Cheque Dishonour | Chhattisgarh HC (2025)

Narendra Kumar Dewangan Vs Rajendra Kumar Yadav — Cheque Dishonour | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file an appeal within 45 days from the order before the appropriate Court, in accordance with law; if filed within that time, limitation is not to be insisted upon by the concerned Court. Registry directed to return certified copy of the judgment and documents to counsel and to send the record back to the concerned Court.

Issue for consideration

Whether, in view of the law declared in Celestium Financial (2025 INSC 804) that a victim has a right to prefer an appeal under the proviso to Section 372 Cr.P.C. against an order of acquittal, the present acquittal appeal under Section 378(4) CrPC should be disposed of reserving liberty to the appellant to avail that remedy.

Court's answer

Considering the law declared in Celestium Financial (supra), the appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from this order before the appropriate Court, in accordance with law.

Ratio / Principle

If such an appeal is filed before the concerned Court within the time given by this Court, that Court would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law.

Detailed headnote1 paragraphs

Acquittal Appeal (ACQA) under Section 378(4) of the Criminal Procedure Code, 1973 by the complainant against judgment dated 29.10.2018 of the Judicial Magistrate First Class, Bilaigarh acquitting the accused of the charge under Section 138 of the Negotiable Instruments Act, 1881 — Counsel for the appellant relied on Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804 (Supreme Court, 08.04.2025), wherein it was held that the victim has a right to prefer an appeal under the proviso to Section 372 Cr.P.C. against an order of acquittal, lying to the Court to which an appeal ordinarily lies against an order of conviction — Held, considering the law declared in Celestium Financial (supra), the appeal stands disposed of reserving liberty to the appellant to file an appeal within 45 days before the appropriate Court, and if so filed within that time, the concerned Court shall not insist upon limitation and shall decide the appeal in accordance with law — Registry directed to return the certified copy of the judgment and documents to counsel and to send the record back to the concerned Court.

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2025:CGHC:41139

PRIYANKA VERMA

Digitally signed by PRIYANKA VERMA Date: 2025.08.14 17:32:23 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 4 of 2019

1 - Narendra Kumar Dewangan S/o Shri Bihari Lal Dewangan Aged About 42 Years R/o Village - Bhatgaon, Police Chauki - Bhatgaon, Police Station Bilaigarh,. District Balodabazar Bhatapara Chhattisgarh

... Appellant

versus

1 - Rajendra Kumar Yadav S/o Shri Ramnath Yadav Cast - Rao, R/o Village - Girwani, Police Chauki Bhatgaon, Police Station Bilaigarh, District Balodabazar Bhatabara Chhattisgarh

... Respondent

For Appellant : Mr. Pawan Kesharwani, Advocate For Respondent : None

Hon'ble Shri Justice Deepak Kumar Tiwari

Judgment On Board

14/08/2025

1. This Acquittal Appeal has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 29.10.2018 passed by the Judicial Magistrate First Class, Bilaigarh, District Balodabazar-Bhatapara in Special Criminal Case No.165/2018, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

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2. At the outset, learned counsel for the appellant submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, right to file appeal under proviso to Section 372 Cr.P.C. was discussed and it was held that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. He submits that the Appeal may be disposed of reserving liberty so as to avail the said remedy.

3. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from this order before the appropriate Court, in accordance with law. It is further made clear that if such an appeal is filed before the concerned Court within the time given by this Court, it would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law.

4. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining its photocopy.

5. Registry shall send back the record to the concerned Court.

6. Accordingly, the Appeal is disposed of .

Sd/-

(Deepak Kumar Tiwari)

Priyanka Judge